Isham v. Bennington Iron Co.
Supreme Court of Vermont
Appeal from the court of chancery. This was a bill of foreclosure, and the orator’s claim was founded upon a tripartite indenture of bargain and sale, between The Bennington Iron Company, of the first part, the defendants Hammond, Leavenworth and Campbell, of the second part, and the orator’s intestate, of the third part, purporting to be executed for the purpose of securing a debt due from the corporation to the intestate of twenty thousand dollars, and to bear date May 12,…
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Appeal from the court of chancery. This was a bill of foreclosure, and the orator’s claim was founded upon a tripartite indenture of bargain and sale, between The Bennington Iron Company, of the first part, the defendants Hammond, Leavenworth and Campbell, of the second part, and the orator’s intestate, of the third part, purporting to be executed for the purpose of securing a debt due from the corporation to the intestate of twenty thousand dollars, and to bear date May 12, 1827. The bill was taken as confessed as to the corporation. The defendant Hammond answered, admitting, in substance,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield,- J.
This is a case of great magnitude, and, on many accounts, of considerable difficulty; and having been three times argued before this court at great length, and with such uncommon thoroughness and ability, as to leave little ground for expecting much additional aid in that way; and having obtained the opinion of all the members of the court, who can act in the determination of the case, we have deemed it proper not longer to delay the decision. Of the two members of the court now absent, who were present at both the former arguments, the…
2Cases cited6 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Gordon v. PrestonSupreme Court of Pennsylvania · 1833
- Collins v. MerrellCourt of Appeals of Kentucky · 1859
- Wheelock v. MoultonSupreme Court of Vermont · 1843
- Beckwith v. Windsor Manufacturing Co.Supreme Court of Connecticut · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In re Walworth's EstateSupreme Court of Vermont · 1912
- Matter of Murray Hill BankNew York Court of Appeals · 1897
- University of Vermont & State Agricultural College v. WardSupreme Court of Vermont · 1932
- Aldrich v. GriffithSupreme Court of Vermont · 1893
- Abney v. Ohio Lumber & Mining Co.West Virginia Supreme Court · 1898
23 more not listed; retrieve them via the Exa API.